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The non-EEA national can apply for a permanent residence card using form EEA4 once permanent residence has been acquired. This can be applied for independently from the EEA national.TheConfusedOne wrote:Does the EEA have to formally apply for the PR (presumably EEA3) for the non-EEA to be able to or if the EEA is happy continuing as they are can the non-EEA apply for PR (EEA4) independantly?
It's just easier for you. Applying for a permanent residence card as the family member of an EEA national who has been resident in the UK in conformity with the EEA regulations for at least five years is more straightforward than applying on the basis of retained right of residence. It's up to you though, but sometimes snakes are better without legs.TheConfusedOne wrote:My understanding was that a divorcee would be entitled to still claim as a family member but you say not to request the decree until after the PR. Is this to increase probability of achieving the PR or an actual legal requirement?
Apologies for my ignorance but this is new to me.Ben wrote:The non-EEA national can apply for a permanent residence card using form EEA4 once permanent residence has been acquired. This can be applied for independently from the EEA national.
astrobite wrote:Hi guys, I have read and re-read all topics here, but I wondered if you would be kind enough to give me an assessment of my situation.
I am a non EEA citizen.
Married EEA Ciztizen - April 04
Residence Permit refused - August 04
Appeal won - April 06
Residence Permit issued - March 07, expiring March 12
We have lived together from 2004 to 2007, but because of me not being able to leave the country my marriage started to suffer and we separated, then got back together, then separated again. We are still married and see each other regularly, but do not live together.
The documents covering the 2004-2006 were submitted to the court and never returned and we don't have any bills or pretty much any proof of living together as we both moved about a lot and all my bills went to the place I rented rather to my wife's address.
Basically the situation is that I now want to apply for PR and I can provide all the documents proving my wife excercising her treaty rights, but we have nothing to prove that we lived together.
I am pretty sure that the EEA4 application will be refused, and I am prepared to go to court. Do you think I have any chances of winning this?
Thank you very much!
The split was more or less amicable and doubt getting the ID would be a problem - the non-EEA still is "looking after" a lot of the EEA's paperwork and occasionally fills form for them etc (at their request).jackEM wrote:Yes but u need the ID of your EU spouse for EEA4 application...
Will you be able to get that?